The Veteran's lumbar spine disability was rated at 10% prior to August 22, 2017. The cervical spine disability was initially rated at 10%, and then increased to 20% effective August 22, 2017.,After August 22, 2017, the Veteran's cervical spine disability did not meet the criteria for a higher rating under VA regulations. The lumbar spine disability was rated at 10% prior to August 22, 2017 and remains at that level after August 22, 2017.,The Veteran’s right lower extremity radiculopathy is granted a separate 10% rating from August 1, 2019. The left lower extremity radiculopathy was not separately rated.
The deciding factor: The VA examinations did not show additional limitation in motion or pain that would warrant higher ratings for the Veteran's lumbar and cervical spine disabilities.
- Claimed conditions
- lumbar spine, cervical spine
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 19, 2020
- Citation
- 20067437
Veterans Law Judge
Judge attribution: 2025 complete; earlier years partial.
This is a plain-language summary generated by AI from a public Board of Veterans’ Appeals decision. It can contain errors — always verify against the original. Look up the original decision on VA.gov (opens in a new tab) using citation 20067437.
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Related decisions
Other Board decisions on a similar condition or argued the same way.
- Dismissed
The appeal for neck pain pinched nerve severe arthritis cervical spine is dismissed as a matter of law. Service connection and increased ratings are granted for major depression, mental disorder anxiety and PTSD, carpal tunnel syndrome (both wrists), and migraine including migraine variants.
- Dismissed
The Veteran's appeals for higher disability ratings and service connection were withdrawn, and the appeal concerning a deferred evaluation for left ear hearing loss was dismissed due to a claims-processing error.
- Dismissed
The Veteran withdrew his appeal for increased rating claims for lumbar spine and bilateral knee disabilities, so the case is dismissed.
- Granted
The Veteran's service-connected disabilities, including lumbar spondylosis and other conditions such as obstructive sleep apnea and irritable bowel syndrome, have rendered him unable to secure or follow a substantially gainful occupation.
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